• Title/Summary/Keyword: Obligation System

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A Study on Improving Performance Bond System for Efficient Execution of Public Construction Works (효율적인 공사수행을 위한 공사이행보증제도 개선방안 연구)

  • Kim, Myeongsoo
    • Korean Journal of Construction Engineering and Management
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    • v.21 no.4
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    • pp.21-29
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    • 2020
  • This study analyzed problems of operating performance bond for public works and derived some suggestions for improvement. The Contract Law for Government Owner requires to submit performance bond which guarantees performing the construction contractor pays back compensation money when the obligation is not executed. Currently, first bid eligibility for participation is exactly required for executing company of performance bond obligation, not considering volume, technical level, and special type of remaining works. In collaboration contract, if guarantee accident occurs, it is obliged for remaining collaboration contractors to be qualified to fulfill the whole contract. This study proposes following improvement plan to solve problems of current performance bone in public works. Firstly, qualification criteria must be deregulated exceptionally for selecting proper contractor, which executing performance bond obligation, considering progress and characteristics of remaining works. Secondly, In collaboration contract, the prerequisite of remaining contractors' should be deregulated as 'implementation requirement of the remaining works'from'implementation requirement of the whole work'. Finally, defect responsibility should be included in liabilities of performance bond by specifying that owner or guarantee agency bear them.

Analysis on Legal Issue of Lawsuits and Subjective Judgment on Defects in Apartment Building (공동주택 하자소송의 법률적 쟁점사항과 판정체계분석)

  • Park, Jun-Mo;Seo, Deok-Seok;Choi, Jeong-Hyun;Kim, Ok-Kyue;Park, Kang-Woo;Jo, Jae-Hun
    • Journal of the Korea Institute of Building Construction
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    • v.12 no.1
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    • pp.42-53
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    • 2012
  • Lawsuits related to defects in apartment buildings involve a range of legal issues, based on which the current subjective judgment system has been established. This study aims to organize the judgment system by stage of lawsuit from a legal perspective by reviewing the factors dealt with in precedent research. The main issues at hand include assignment of obligation, the day on which the computation of exclusion period begins and the day on which the defect repair is completed. The rationality of the current subjective judgment system could be determined by reviewing the recent cases. Based on the findings of the review, the following are suggestions for improvements and complements of the system. First, the process of assignment of obligation should be systemized, and the guarantee insurance system that provides a warranty deed should be improved as well. In addition, improvements and systemization should be made to clarify the responsibilities for any defect arising from the agreements that are not stipulated on the contract, computation of abatement rate of compensation and the system by which the responsibility for the defects is completed when residents acquire ownership from rental status.

Polices Trends for Countermeasure Climate Change in Transportation of Major Countries (주요국가의 교통부문 기후변화협약 대응 정책 동향)

  • Kim, Yong-Ki;Lee, Jae-Young;Lee, Cheul-Kyu;Rhee, Young-Ho
    • Proceedings of the KSR Conference
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    • 2011.05a
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    • pp.515-520
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    • 2011
  • The Climate Change has been emerged as one of the most important social and economic issues and is affecting our daily life. The Post-Kyoto Protocol aims to reduce GHG(Greenhouse Gas) emission and mitigate climate change. Under this protocol, developed countries which are classified as Annex I implements programmes and strategies confronting against the climate change. South Korea has set voluntary GHG reduction goal of 30% reduction compared to BAU(Business As Usual) in 2020 and prepares National GHG inventory system and Negotiated Agreements(NA) with industries. It will affect seriously to industry and transport sector and its obligation to reduce GHG emission will be strengthened gradually. Therefore, there will be large impact on industry structure. In Korea, various strategies against climate change are being prepared as researches of development of GHG emission reduction technologies and integrated GHG emission management system in transport sector. In this study, strategy on climate change in transport sector is proposed by being based on developed countries' respond to climate change in transport sector.

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고려의 관학과 효경

  • 전준우
    • Journal of Korean Library and Information Science Society
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    • v.3
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    • pp.79-88
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    • 1976
  • In Ecorea Lrynasty, the authority all officers a compulsary obligatic.~ to learn the Nyo-I~.'z~\ulcorneruzngd er the custody of a super1 iscr o; Letters wino -1 a\ulcorner the ~ejponsible officer to train ci~ril senants. The Nyo-Kjli ilg was possible to interpret the pious love of ci I illans to the~re lders as a mutual ethics between the parental ber~ec;~lc nce and the filial piety of inferiors which n-as far superior to the traditional cthic; that was laid on an firm obligation of inieri~rs to tEei:- elders. The filial piety as a lovc for elders mean2 a mutual harrn~n:a~n d show\ulcorner a berieiolent conduct as an influence of a political morality. Thc heaer-o!erLt conduct was developed as a political morality of Confucius originated from the filial piety of Confucius based on a moral policj . Such a kenerolent conduct is to become a main spring to effect a mutual tie betn-een the king and his people as a national system of the Confucian theory. In i*

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Case Studies of best practices through Energy audit (에너지진단 우수 사례소개)

  • Um, Chul-Jun;Song, Euy;Kim, Chun-Yong;Kim, Doo-Sung
    • Proceedings of the SAREK Conference
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    • 2008.11a
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    • pp.505-510
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    • 2008
  • Improving energy efficiency is the important thing of energy saving strategies that was shown up result of IEA meeting and the G8 Summit. Energy audit was started in 2006 that Korea government policy for improving energy efficiency. Who used over 2,000toe/yr(tons of oil equivalent per year) energy consumption has to perform energy audit program of obligation every five years with auditing company. HANMI C&E as a company authorized by Government has diagnosed various type building. This case studies are chosen to best practices by KEMCO. This studies present efficient recommendation methods for improving system performance.

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A Study on Effective Trade Claims Solutions through Commercial Arbitration System

  • Choi, Rack-In
    • Journal of the Korea Society of Computer and Information
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    • v.22 no.1
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    • pp.99-106
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    • 2017
  • In this paper, the first to identify in detail the direct and indirect causes of trade claims and to provide a way to prevent the causes and measures specific claims. Trade claims is not the best way to prevent in advance, measures to prevent future trade claims is as follows. First, it should be the credit investigation of the counterparts. Second, the contract must determine the rights and obligations of each other through sufficient consultation with contract and faithfully perform its contractual obligations. Third, the explicit trade arbitration clause of arbitration in the contract, and shall be a sufficient review of the procedure such as import and export, international business practices, norms and partners of economic policy, foreign exchange regulations, the trade system transactions. Finally, for it is to be treated as a one-stop strengthening the organization and function, and the Ministry of Commerce and Trade Association, and KOTRA and Trade Insurance Corporation strategic support systems, such as done by covering the work on trade claims prevention and resolution in the Korean Commercial Arbitration Board.

Application of Strcutral Health Monitoring in Structual Engineering for Buildings

  • Ji Young, Kim;Hobeom, Song;Kanghyun, Park;Kwangryang, Chung
    • International Journal of High-Rise Buildings
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    • v.11 no.3
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    • pp.221-226
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    • 2022
  • Installation of Structural Health Monitoring (SHM) system is a legal obligation for high-rise buildings over 200 m or 50-floor high in South Korea. CNP Dongyang has developed key technologies for SHM system design, installation, and data analyzing. Also, CNP Dongyang has applied SHM technology to a plenty of South Korea's representative high-rise buildings. The SHM technology, also, could be used in safety management of construction phase, evaluation of structural performance, etc. In this paper, state of the art SHM technologies and their application examples are introduced to give insight for future research and practical use of SHM.

An Empirical Study on Success Model of the Introduction of Responsible Supervision of Information Systems (정보시스템 책임감리 도입의 성공모델에 관한 실증연구)

  • Kim, Young-Ho;Kim, Jong-Bae
    • Journal of Information Technology Services
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    • v.11 no.4
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    • pp.39-50
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    • 2012
  • With the obligation of information system supervision and an increase in supervision demands, the quality improvement in information system supervision has been of significance, and the supervision system has been enhanced in the way of preventing information systems from being poorly established. In the meantime, recently the supervision industry has received administrative punishment due to violation of supervision guidelines and false reports. As a result, the introduction of the responsible supervision of information systems to strengthen the rights and duties of supervisors and supervision corporations has been discussed by supervision corporations. Therefore, this work was intended to propose success factors to introduce responsible supervision in the information system supervision sector, and thereby contribute to the introduction of responsible supervision system that plays a successful role in preventing poor supervision and establishing information system business. The success factors of the responsible supervision of information systems, proposed in this work, were categorized into legal system, standardization of supervision work, those concerned with supervision. And, detailed success factors of each category were proposed, and on the basis of that, the success model to introduce responsible supervision successfully was proposed.

The Scope of Potential Duties for Environment Protection in the Regulation on the Exploitation for Polymetalic Nodules in the Area (심해저 망간단괴 생산규칙의 잠재적 환경보호 의무 범위에 관한 연구)

  • Kim, Jung-Eun;Park, Seong-Wook
    • Ocean and Polar Research
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    • v.37 no.1
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    • pp.81-90
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    • 2015
  • International Seabed Authority (ISA) is currently developing rules with regard to exploitation of manganese nodules which will be contained in its first regulations governing the exploitation of deep seabed mineral resources. A stakeholder survey was conducted in the early 2014 by ISA with the aim of facilitating participation of interested entities in the development process of the rules. The stakeholders who had replied to the survey included existing contractors, sponsoring States, environmentalists, academics, and nongovernmental organizations. Opinions given by them largely reflect their own interests. This paper aims to clarify the scope of the obligations regarding the environmental protection which may be imposed on contractors under the new regulations for the exploitation of manganese nodules. To do so, it first analyses the express provisions on environmental protection applicable to deep seabed mining included in the Law of the Sea Convention, its agreement on implementation of Part XI, and the regulations on exploration for manganese nodules. Secondly, it categorizes these obligations based on the categories of international obligations suggested by Combacau and Alland. Based on the categorizations this paper concludes that, in addition to the existing duties to protect deep seabed environment within the Law of the Sea Convention system, the following new obligations could be added: conservation of exploitation sites for a limited time after the contract is ceased; taking all necessary measures for rehabilitation of destroyed ecosystems that occurredas a result of mining activities; monitoring exploitation sites for a limited period time after the contract is ceased; observing rules and standards on safety of ships and environmental protection adopted under IMO instruments; regulation on the discharge of mine tailings from the facilities used for exploitation of deep sea minerals. Lastly, this paper attempts to provide ways of reflecting national interests in terms of potential obligations which may be included in the new regulations.

A Legal Study on the Standard for Conformity of the Goods in the International Sale of Goods (국제물품매매계약상(國際物品賣買契約上) 물품일치성(物品一致性)의 기준(基準)에 관한 법리적(法理的) 고찰(考察))

  • Song, Myeong-Bok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.12
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    • pp.133-162
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    • 1999
  • The international sale transaction is in essence a sale of goods and presents all those commercial and legal problems in any sale of goods. As a result, A International sales contract imposes several duties on the parties : the seller must deliver the goods and transfer ownership in them, while the buyer must pay the price and take delivery of the goods. However, there are several problems which impede a active transaction between seller and buyer who have their places of business in other countries each other. Therefore, It is necessary to provide the concept on the conformity of goods in the Int'l Sale of Goods. Especially, In our consideration for the point of time when defects occurs, the existence of non-conformity of goods should be judged on the basis of time of delivery rather than time of contract. Moreover, The burden of proof about nonconformity of goods is another fact which make an international dispute between the contractual parties in an international trade. Thus, The consistency in the interpretation of law must be maintained betweened the warranty and seller's liability. In the Uniform Commercial Code and UN Convention, non-conformity of contract is made of contract liability. And in our civil and commercial law provisions of warranty should be understand as the special ones of the provisions of general non-performance of obligation liability. As a result, More concrete study of them is required because they may have a great influence especially on international trade. As a result, We should be our best in finding a helpful and systematic structure that the dualistic structure of nonperformance of obligation liability and warranty liability must be unified by studying the theories of English and American warranty and our legal system, as well as international practice and usage being used in an international trade.

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